Bollywood actor Imran Khan has been instructed to exit India by October 28 following his involvement in a protest held in Mumbai on October 10. The demonstration called for the resignation of Chief Election Commissioner Gyanesh Kumar and was organised by the Cockroach Janta Party (CJP). Khan, who is the nephew of prominent actor Aamir Khan, was detained alongside other protesters at August Kranti Maidan before being released.

The notice from the Foreigners Regional Registration Office (FRRO) has sparked a debate regarding the legal rights of Overseas Citizen of India (OCI) cardholders. Questions have arisen about the extent of government authority over foreign nationals and the necessary procedures prior to expelling an individual from the country.

Political leaders from the Bharatiya Janata Party (BJP) have also called for action against Khan, raising concerns about his participation in a political demonstration given his foreign national status. This has led to further scrutiny of the legal implications surrounding his actions.

Legal Implications of Participation in Protests

Legal experts Ajinkya Udane and Rujju Thakkar have highlighted several legal questions related to the notice. Udane stated that there is no explicit law that prohibits OCI cardholders from attending public protests. He emphasised that the central issue lies in whether the authorities can pinpoint a specific regulation that Khan allegedly violated.

Thakkar echoed this sentiment, asserting that merely attending a public protest does not, in his interpretation of the law, constitute a breach of legal statutes for OCI cardholders. However, the Immigration and Foreigners Act, 2025, grants the government considerable powers to regulate foreign nationals, making the legal basis for Khan’s notice crucial for determining its legitimacy.

Both advocates indicated that the lack of a clear violation of law raises questions about the validity of the government’s actions in this case. The legal framework surrounding immigration and foreign nationals is complex and requires careful interpretation.

Authority to Expel Foreign Nationals Without a Hearing

Udane pointed out that while the government possesses significant authority over foreign nationals, this power is not absolute. He referred to Section 29 of the Immigration and Foreigners Act, 2025, which outlines circumstances under which foreigners may be removed, including statutory violations and adverse security reports. He argued that a mere political complaint should not be sufficient evidence of a legal infraction.

Thakkar mentioned a precedent set by the Calcutta High Court in the case of Kamil Siedczynski vs Union of India, which established that a hearing must be granted before an expulsion order is enacted. This highlights the necessity for procedural fairness in such matters.

The advocates’ arguments suggest that the government’s actions may require further scrutiny to ensure that the rights of foreign nationals are upheld, particularly in light of constitutional protections guaranteed to all individuals.

Potential Legal Recourse for Khan

Both Udane and Thakkar noted that Khan could seek interim relief from the Bombay High Court, although they cautioned that a stay on the notice is not assured. Udane indicated that the tight deadline and the questions surrounding the alleged violations could support a request for temporary protection.

Thakkar added that the court may consider issuing a stay depending on the specifics of the case and the report from the Bureau of Immigration. However, the advocates acknowledged that foreign nationals do not possess an absolute right to remain in India.

Filing a writ petition may not automatically suspend the FRRO notice or allow Khan to stay beyond the specified deadline. Unless the authorities revoke or amend the notice, or the High Court grants interim protection, the current directive remains in effect. Khan’s immediate goal will be to secure a prompt hearing to challenge the notice effectively.

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